Matter of Fatir v Nazarieh
Motion No: 2016-10888
Slip Opinion No: 2017 NY Slip Op 67098(U)
Decided on March 13, 2017
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M227504

E/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2016-10888

In the Matter of Galit Fatir, appellant,

v Pedram Nazarieh, respondent.

(Docket Nos. O-1113-16, O-1113-16/16A,

O-1113-16/16B, O-1113-16/16C)

DECISION AND ORDER ON MOTION

Appeal by Galit Fatir from an order of the Family Court, Nassau County, dated August 30, 2016. By order to show cause dated January 13, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated November 4, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by the appellant to withdraw the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

BALKIN, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court